R v Portus; Ex parte Australian Air Pilots' Association [1953] HCA 97

R v Portus; Ex parte Australian Air Pilots' Association [1953] HCA 97

A demand by one employer upon other employers not in an industrial relation to pay specified wages or provide specified conditions cannot found an industrial dispute within s. 51(xxxv) of the Constitution. The log was read as making distributive demands and could give rise to a dispute only as between Qantas Empire...

Source-derived case information.

Parties
Applicant: The Queen; Respondent Conciliation Commissioner: John Hereford Portus; Respondent: Qantas Empire Airways Ltd.; Prosecutor (applicant/ex Parte): Australian Air Pilots' Association
Jurisdiction
Australia
Judgment Date
17 December 1953
Procedural Posture
Order Nisi for Writ of Prohibition / High Court Judgment
Outcome
Order nisi made absolute in part; prohibition granted in part
Legal Topics
Conciliation and Arbitration (federal), Industrial Dispute, Jurisdiction of Conciliation and Arbitration Court, Meaning of 'industrial Dispute' Under S. 51(xxxv) of the Constitution
Industrial Law Constitutional Law Conciliation and Arbitration (federal) Industrial Dispute Jurisdiction of Conciliation and Arbitration Court Meaning of 'industrial Dispute' Under S. 51(xxxv) of the Constitution

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Summary, issues, holding and outcome

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Parties

The Queen

Applicant

John Hereford Portus

Respondent Conciliation Commissioner

Qantas Empire Airways Ltd.

Respondent

Australian Air Pilots' Association

Prosecutor (applicant/ex Parte)

Procedural Posture

Order Nisi for Writ of Prohibition / High Court Judgment

Legal Issues

  1. 1 Whether a demand by one employer on other employers can give rise to an industrial dispute within s. 51(xxxv) of the Constitution
  2. 2 Whether the log of claims served by Qantas Empire Airways Ltd. on other employers and the union was a valid basis for an industrial dispute

Ratio Decidendi

A demand by one employer upon other employers not in an industrial relation to pay specified wages or provide specified conditions cannot found an industrial dispute within s. 51(xxxv) of the Constitution. The log was read as making distributive demands and could give rise to a dispute only as between Qantas Empire Airways Ltd. and the Australian Air Pilots’ Association in respect of Qantas employees. A valid industrial dispute could not extend to other employers simply as a result of a log served by a competing employer.

Court Disposition

Order nisi made absolute in part; prohibition granted in part

Orders

  • Order absolute for writ of prohibition prohibiting the conciliation commissioner from further proceeding or dealing with the alleged industrial dispute except insofar as it exists between Qantas Empire Airways Ltd. and the Australian Air Pilots’ Association in relation to employees of Qantas Empire Airways Ltd.
  • Qantas Empire Airways Ltd. to pay the costs of the Australian Air Pilots’ Association.